Harrell v. Surface

This is an action to foreclose a deed of trust given by defendants, Walter J. and Hazel R. Surface, on 80 acres of land in Stoddard County. The venue was changed to Cape Girardeau County. The trial court found that the lien of the deed of trust had been extinguished by subsequent tax sales, dismissed the petition and plaintiff appealed.

Defendant, Himmelberger-Harrison Lumber Company, held a deed of trust on the land antedating the Surface deed of trust, but that deed of trust was paid off, and the lumber company filed a disclaimer. Defendants, Burlock and Walker, were tenants on the land, and…